KCC 478/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Financial Institutions, Payment & Payment Systems, Financial & Business Offences
Copyright
LexisNexis
Decision date
25 Jan 2003
Catchwords
Bank – Interest – Cheque – Fabrication
This case involved a request from money and interest to be paid by a bank. The bank wrongly argued they had checked the disputed cheque was not fake, so should not be required to pay the amount. This argument was invalid.
Background
A company filed a case against a bank and requested the court to order the bank to pay an amount of money and legal interests.
The court ruled that the bank should pay the company 19780 Dinars.
The company and the bank appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The bank appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application and that its employee had made sure that the disputed cheque was not fabricated and so the bank should not bear the responsibility for paying the value of the cheque.
The court stated this argument was invalid.
The court dismissed the appeal.